STUDIO vs MYSELF

[littlefatbudha]

Hi ,have just received letter from Asset Collections & ivestigations,( also known as JB Debt Recovery,same address )

Have not heard from Studio for about 2 years,then this turns up !!!

studio upload.pdf

[cerberusalert]

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[natalie]

cca?

[littlefatbudha]

Hi Natalie, CCA is a CONSUMER CREDIT AGREEMENT, best wishes.Steve

[littlefatbudha]

Many thanks for CCA letter.!!!!!

[natalie]

Yeah I know, I had posted it before I saw Cerberusalert's post.. meaning "have you requested a CCA"

[littlefatbudha]

Yes thanks , sent this morning, Sorry for crossed wires !

[Jamesx81x]

They will almost certainly send you a copy of an agreement with yor details filled in and a standard copy of a default notice if they issued one.

 

With regards to the CCA this is all they actually have to do to fulfill the CCA request they just cannot enforce any debt without the original.

 

To make them come up with an original you would have to take them to court where they will have to produce it or prove some other way you had an account with them.

 

See what they send

[littlefatbudha]

Hi there, would they have to come up with the CCA if i was to send SAR ,thanks.

[clemma]

Hi there, would they have to come up with the CCA if i was to send SAR ,thanks.

 

Yes

[littlefatbudha]

thank you !!!!!!!!!!!

[keith4444]

Hello all,

My wife CCA'd Studio in February and as they failed to comply put the account in dispute after the 12+2 days. Since then she SAR them sending the £10 statutory fee and they cashed it against her account and failed to supply any documents. This morning she received a letter from their debt collectors demanding the £900 which is mainly made up of their charges. She has had the account with them since 1996 and is now being taken to court. Any advice would be most appreciated and would like to hear from any fellow Studio customers.

[cerberusalert]

They have 40 days to comply to your SAR, if they fail to provide it within that period make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx

 

As for the DCA send then this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

When you say she is being taken to court, have you received the court papers or are they just threatening? Either way in the absence of an enforceable CCA they will have no chance in obtaining a CCJ.

[littlefatbudha]

Have just had reply from JB Credit, who are the DCA's for Studio, they have sent previous statements, but no CCA, will they come up with one.

the account was openened in 2003/2004,what do you think.

Also attached to statements is a with compliments slip, requesting immediate payment.

[cerberusalert]

They won't provide a CCA because they don't have one. The nearest you're likely to see will be a blank agreement with your name & address written in by them.

 

Send the DCA this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[littlefatbudha]

Many thanks for your help once again !

Also could you tell me, i am dealing with another DCA, for a seperate account, who i have on just sent CCA letter to and included £1 postal order for the fee, on the CCA template it clearly states for CCA use only, but they have sent a letter stating the payment has been applied to the account,can they do this,thanks.

Also think it mat be Statute Barred as not on Experian

advantis 1.pdf

Edited August 6, 2009 by littlefatbudha

[cerberusalert]

They can do what they like with the fee you paid for the CCA. Some DCAs credit it to an a/c in the hope that it may be construed as payment by the debtor hoping that it might nullify a nearly statute barred debt.

[littlefatbudha]

I take it because of what the template states for CCA, then if it went to court ,then they would not be able to use this?

I guess it would help them sell the debt on if they said a recent payment had been made on the account, though.

[cerberusalert]

It would be a bit of a coincidence that a CCA request was made & then a £1 payment was credited to the a/c at the same time.

[littlefatbudha]

ok thanks for you help, will keep updated,thanks.Steve

[jjandbump]

We have had all this with them they are persuing me for goods we havent had, i have told them that i will fight it in court!!

 

They think they can say and do what they want but stand your ground, if you have reason to that is.

 

they just try and threaten you

[littlefatbudha]

I love this site so much, and tell everyone i know about it, they cant bully us anymore,i will be buying some CAG stickers, shortly aswell to let them know i am not alone !!!!!!!!!!!!!!!